6.  The applicant was born in 1970. According to the most recently available information, in June 2013 the applicant moved to the town of Illichivsk, Ukraine, after being released from detention. He did not inform the Court of his current whereabouts.
7.  According to the information submitted by the Government, on 21 August 2006 the Illichivskyy Town Court conditionally sentenced the applicant to two years’ imprisonment for drug-related offences. On the same day the same court remanded the applicant in custody pending trial, since the applicant was also suspected of committing a theft.
8.  On 29 May 2007 the Illichivskyy Town Court sentenced the applicant to one year’s imprisonment for theft.
9.  On 25 June 2008 the same court convicted the applicant of inflicting grievous bodily harm and sentenced him to eight and a half years’ imprisonment. Since the applicant had previous unserved convictions the total term was established as nine years’ imprisonment.
10.  According to the Government, the applicant tested positive for the human immunodeficiency virus (“HIV”) as early as 1996. According to the available information, while at liberty the applicant spent time in an infectious diseases department of a hospital (diagnosis unspecified) on one occasion on 18-22 September 2003.
11.  On 30 December 2006 the applicant was arrested and placed in the Illichivskyy Pre-trial Detention Facility (ізолятор тимчасового тримання Іллічівського міського відділу Головного управління Міністерства внутрішніх справ України в Одеській області). The Government submitted that it was impossible to establish the exact period of the applicant’s stay in that facility, since all the relevant documents had already been destroyed.
12.  Between 15 January 2007 and 25 December 2008 the applicant was detained in the Izmayilskyy Temporary Detention Centre (Ізмаїльський слідчий ізолятор) (“the SIZO”). He was also there between 10 March and 4 May 2009.
13.  According to the Government, on 15 January 2007 the applicant was examined and it was established that he was “practically healthy”. During his stay in the SIZO the applicant underwent examinations and received medical treatment as follows: on at least three occasions in 2007 and 2008 the applicant underwent chest X-rays (lungs and heart: no pathologies revealed) and had one blood test (RW, negative). In July and November 2008 he was also examined by a paramedic and diagnosed with prostatitis. The applicant was prescribed medication.
14.  Between 26 December 2008 and 10 March 2009 the applicant was serving a sentence in Odessa Correctional Colony No. 14 (Одеська виправна колонія №14). He was also there between 5 May 2009 and 5 September 2012.
15.  In Odessa Correctional Colony No. 14 the applicant received the following treatment: in March 2009 the applicant was examined and found to be “practically healthy”. In December 2009 the applicant had a viral respiratory infection. In January and September 2011 the applicant was examined by a general practitioner. On a later date the applicant was diagnosed with thrombophlebitis and prescribed treatment. On two occasions, in 2011 and 2012, the applicant was X-rayed; no pathologies were found.
16.  Between 23 November and 3 December 2011 the applicant was in a medical ward with a diagnosis of thrombophlebitis. In November 2011 the Odessa Colony’s authorities enquired about the applicant’s HIV status with the Odessa Regional State Sanitary-Epidemiological Service. On 23 November 2011 the answer was received that the applicant had been diagnosed HIV-positive in 1996.
17.  On 4 May 2012 the applicant was diagnosed HIV-positive by a general practitioner.
18.  In July-August 2012 the applicant had numerous blood tests, including a CD4+ cell count with a result of 74 cells. On 12 August 2012 the applicant was diagnosed HIV-positive at clinical stage 4, with tuberculosis of the lymph glands and oropharyngeal candidiasis. It was noted that the applicant was in a critical condition. On 30 August 2012 the applicant was prescribed anti-tuberculosis treatment.
19.  Between 7 September and 12 October 2012 the applicant was in the infectious diseases department of the Dariyivska Correctional Colony Hospital (інфекційне відділення міжобласної багатопрофільної лікарні при Даріївській виправній колонії № 10 Херсонської області). The applicant underwent numerous blood and urine tests, X-rays and other tests needed for his tuberculosis diagnosis and treatment. He also had a CD4+ cell count, with a result of 98 cells. The applicant was examined by doctors and prescribed treatment. Upon discharge from the department the applicant was diagnosed with HIV clinical stage 4, tuberculosis of the lymphatic glands, candidiasis, leycopenia, weight loss (8%), chronic hepatitis, and chronic pancreatitis. It was recommended that he consult an infectious diseases specialist in order to be prescribed antiretroviral therapy (“ART”).
20.  On 12 October 2012 the applicant arrived at the Interregional Specialised Tuberculosis Hospital of Goloprystanska Correctional Colony No. 7 (міжобласна спеціалізована туберкульозна лікарня при Голопристанській виправній колонії №7). He was diagnosed with tuberculosis of the peripheral lymph nodes, weight deficit of 8%, anaemia, leukopenia, chronic hepatitis in the unstable remission phase, and chronic pancreatitis in remission. There the applicant underwent various examinations and was prescribed treatment, in particular for his tuberculosis.
21.  On 26 October 2012 the applicant was examined by an infectious diseases specialist and diagnosed with HIV at clinical stage 4 and tuberculosis of the peripheral lymph nodes. In November-December 2012 the applicant was examined by a surgeon, diagnosed with after-thrombophlebitis syndrome of both legs in oedema-ulcerous form and prescribed treatment. The applicant had further examinations and tests between November 2012 and January 2013. In particular, the applicant had a CD4 cell count on 21 November 2012 (44 cells, or 18.4%).
22.   According to the Government, on 17 December 2012 the applicant was examined by an infectious diseases specialist and requested ART, however, ART was not possible for lack of available medication. The Head of the Golaprystanska Colony requested a specialised public medical institution for Aids prevention and treatment based in Odessa to provide the necessary ART medication. By a letter dated 15 January 2013, the request was refused on the ground that it was for the prison to provide such medication for inmates. It was also stated that once the applicant was released he would be provided with adequate medical assistance.
23.  It appears from the available material in the case file that the medication for the applicant’s antiretroviral therapy was eventually provided by an NGO in an amount enabling the treatment to last until February 2013. Subsequently, the applicant has continued receiving the necessary medication.
24.  On 4 and 25 February 2013 the Head of the Golaprystanska Correctional Colony lodged with the Golaprystanskyy District Court two requests under Article 84 of the Criminal Code for the applicant’s release, stating that the applicant was suffering from Aids and had other serious health problems. The requests were based on the reports of a medical commission, according to which the applicant’s diseases formed part of the list of health problems for which prison authorities could seek prisoners’ release.
25.  On 11 February and 11 March 2013 respectively the court refused both requests, principally on the grounds that the applicant had been repeatedly convicted of serious crimes (the most recent having been an assault on his mother resulting in her death) and while imprisoned he had been disciplined for violating prison regulations on twelve occasions, which demonstrated that he engaged in persistent anti-social behaviour and did not wish to improve. According to the court, the applicant continued to be a danger to society. In its decision of 11 February 2013, the court also noted that it did not follow from the prison governor’s request that the applicant’s Aids diagnosis had been established by the relevant specialist. Moreover, there is no information that the applicant has relatives or anyone close to him who could or would take care of him if he were at liberty.
26.  On 15 March 2013 the applicant’s CD4+ cell count was 129.
27.  On 25 March 2013 the Government submitted medical information, according to which the applicant’s state of health was of medium severity. His HIV and tuberculosis diagnoses were confirmed, and it was noted that the applicant was also suffering from hyperthermia, chronic hepatitis, chronic pancreatitis, post-thrombophlebitic syndrome, anaemia, serious immunosuppression, weight loss, and diarrhoea. The applicant remained under constant supervision by tuberculosis and infectious diseases specialists at the Goloprystanska Colony, and received ART and anti-tuberculosis treatment and also symptomatic treatment and vitamins.
28.  On 22 April 2013 the Goloprystanskyy District Court refused a new request from the head of the colony to release the applicant in view of his health condition. It was noted that the applicant had Aids and a number of serious health problems. The court, however, concluded that the applicant had numerous convictions for committing, inter alia, serious crimes. He has been reprimanded on numerous occasions while in detention. The court has already twice refused similar requests for release, and there was no evidence that the applicant’s state of health had worsened in comparison to the time when the last request had been rejected.
29.  On 20 June 2013 the Kherson Regional Court of Appeal quashed this decision and decided to release the applicant in view of his serious health problems.
30.  On 26 June 2013 the applicant was released.